DEENA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking the extra-ordinary jurisdiction of this Court under Section 482 of Cr.P.C. the petitioner has filed this petition for quashing the order dated 6-2-2001 passed by 6th Additional Sessions Judge, Bilaspur in Criminal Revision No. 454/2000 and order dated 27-11-2000 passed by Judicial Magistrate First Class, Bilaspur in Criminal Case No. 2/2000. The facts of the case, in brief, are as under:--

(2.) Shri Rajeev Shrivastava and Shri Malay Shrivastava, learned counsel for the petitioner argued that petitioner is a Central Govt. employee and he was appointed by the Railway Recruiting Board and Divisional Railway Manager and he had discharged his duty in course of his official capacity as public servant. Therefore, sanction under Section 197 of Cr.P.C., necessary. Therefore complaint was liable to be quashed for want of sanction for prosecution.

(3.) Shri Anand Verma, learned Panel Lawyer appearing for the State/respondent has contended that the alleged act/action of the petitioner has no nexus with his official duty. Sanction is, therefore, not required to prosecute him.